Lebanese Constitution

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Constitutional protection of the right to freedom of opinion and expression and the component rights

Article 13 of the constitution states that “the freedom to express an opinion in speech and in writing, the freedom of printing, the freedom of assembly, and the freedom of association are all guaranteed within the sphere of law.”

Freedom of Expression May 23, 1926, as amended by constitutional law on 21/9/1990

Partially Compliant with Standards

Analysis

The text of Article 13 of the Constitution grants the absolute power to the law to determine the conditions and restrictions for the exercise of freedom of expression which contradicts the text of paragraph 3 of Article 19 of the International Covenant on Civil and Political Rights, which requires that the restrictions specified by the text of the law are necessary: (a) to respect the rights or reputations of others, (b) To protect national security, public order, or public health or morals.

Recommend­ations

Amending the text to expressly mention a limitation of the legislator’s authority to pass any law restricting freedom of expression unless such restrictions are necessary in a democratic society and are justified by the protection of legitimate goals.

Related Themes

img Basic Rights and Liberties

Constitutional protection of the right to freedom of opinion and expression and the component rights

Article 9 of the Constitution states that “Freedom of belief is absolute, and the state, by performing the duties of reverence for God Almighty, respects all religions and sects and guarantees the freedom to perform religious rites under its protection, provided that there is no breach of public order, it also guarantees respect for the personal status system and religious interests to parents of different beliefs.

Freedom of Thought, Belief and Religion May 24, 1926, as amended by constitutional law on 21/9/1990

Partially Compliant with Standards

Analysis

If freedom of belief is absolute according to the provisions of Article 9, the text of this article puts the state in a position biased towards the recognized celestial religious groups, which includes recognition of their personal status systems, without mentioning any guarantees or explicit rights for the secular civil society in freedom of belief or its right to pass a unified personal status law. This partially contradicts the text of Article 18 of the International Covenant on Civil and Political Rights.

Recommend­ations

Amending the text and eliminating discrimination between religious and non-religious sects.

Related Themes

img Basic Rights and Liberties

Constitutional protection of the right to freedom of opinion and expression and the component rights

Personal freedom is safeguarded and protected by law. No one may be arrested, imprisoned, or detained except in accordance with the provisions of the law. A crime or punishment cannot be determined except in accordance with the law.

Liberty and security right May 25, 1926, as amended by constitutional law on 21/9/1990

Compliant with Standards

Analysis

Recommend­ations

Related Themes

img Basic Rights and Liberties

Other Laws